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2025 DAILYLAW 43628 (ALL)

MOHD. GULFAM v. STATE OF U.P.

BAIL/12493/2025 · 2025-08-18

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141377 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12493 of 2025 Applicant :- Mohd. Gulfam Opposite Party :- State of U.P. Counsel for Applicant :- Avnish Kumar Srivastava,Mukesh Chandra Gupta,Shubham Prakash Gupta,Sundeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicant, Mohd. Gulfam, seeks bail in Case Crime No. 119 of 2025, under Sections 318(4), 316(2), 351(3), 336(3), 336(3), 338 of B.N.S., Police Station Kankarkhera, District Meerut. 3. The F.I.R. was lodged with the allegation that on the pretext of arranging government job the applicant took and usurp about seventeen lakh rupees from the informant. 4. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. False and frivolous allegation has been made against the applicant that he took the money from the informant, whereas there is no evidence on record that he took the alleged money from the informant. No such money has been transmitted into the account of applicant. There is no evidence on record that he provided any forged document to the informant. There is no any credible evidence regarding involvement of the applicant in the present crime. Learned counsel further submits that applicant has no criminal history and is languishing in jail since 18.02.2025. 5. Per contra, learned A.G.A. has opposed the prayer for bail by contending that there is sufficient evidence against the applicant connecting him with the crime. There is whats-app chatting communicated between the informant and the applicant, which shows active participation of applicant in the commission of offence, thus, applicant is not entitled to be enlarged on bail. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case including the fact that there is cogent evidence against the applicant in the shape of whats-app chatting communicated between the informant and the applicant, therefore, no case for bail is made out. 7. Accordingly, the bail application of applicant-Mohd. Gulfam, is rejected. Order Date :- 19.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad